Monitoring of children with parents gone abroad*
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This procedure aims to monitor the upbringing and care of the child with parents working abroad, as well as those who have returned to the country after a period of staying abroad with their parents, greater than one year.
In the situation where both parents or the parent exercising sole parental authority or with whom the child lives is to go to work abroad, they are obliged to send / submit to the Social Assistance Department within Homocea City Hall, a written notification regarding their intention to work abroad, at least 40 days before departure, according to Law no. 272/2004 regarding the protection and promotion of children's rights, republished.
The obligation to notify the Social Assistance Department applies to all parents who go to work abroad from the above-mentioned categories, regardless of whether working abroad involves the existence of a work contract or not.
The notification must obligatorily include the following elements:
- identification details of the parents/parent who intend to go to work abroad
- identity details of the person under whose care the child will be left during the parent's/parents' absence from the country,
- address where the child will live in the future, after the departure of the parent/parents,
- fulfillment by the person under whose care the child will be left of the conditions stipulated in art. 105, para. (1) of Law 272/2004, regarding their membership in the extended family (must be a relative up to and including the fourth degree with the minor – the person can be a grandparent, uncle/aunt, cousin, nephew, brother/sister, great-grandparent, sibling of a grandparent), age – at least 18 years old and full exercise capacity.
After receiving the notification, representatives of the Social Assistance Department will conduct a social investigation at the domicile of the person where the child will live during the delegation of parental rights, a document to be included in the file that will be sent to the court.
Parents/the parent in the presented situation, will submit a request for temporary delegation of parental authority to the Adjud Court, which will contain the following information: identification details of the parents/parent, identification details of the child/children, identification details of the person under whose care the child will be left, details concerning the workplace, the period during which they will be away.
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In the case of a dispute between the beneficiary and the competent authority, the common law provisions are applicable.
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